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Physician assisted dying should be an election issue

Whoever forms the next government will have to deal with the issue of physician assisted dying, and promptly. Canadians deserve to know more about where the parties stand.

Dr. Donald Low made an impassioned video appeal for physician assisted dying in his final days of fighting brain cancer. (Andrew Stawicki / Toronto Star) | Order this photo

By R. Michael Warren

Mon., Aug. 24, 2015

The Harper government has done its level best to ensure the subject of physician assisted dying does not become an election issue. So far, both the New Democrats and Liberals seem satisfied to ignore it as well. This, despite the fact that more than two-thirds of Canadians agree that some form of euthanasia should be legal.

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For six months, the Conservatives managed to ignore the Supreme Court’s unanimous decision striking down the federal prohibition against physician assisted dying (PAD). They maintained the Charter right to life doesn’t mean an absolute prohibition on assistance in dying

The decision set out clear conditions under which PAD is permissible. They gave the federal and provincial governments until next February to fashion implementation laws.

Federal lawyers argued unsuccessfully that retaining the ban would demonstrate that all life is worthy of protection — particularly the most vulnerable in our society. But they had difficulty demonstrating that the mentally ill, the severely handicapped and others were being harmed in jurisdictions that allow assisted dying.

Speaking directly to the Conservative core, Justice Minister Peter MacKay emphasized the government’s approach would not be dictated by the findings of the panel. He also said he will ask the Supreme Court for more time to respond.

Advocates are concerned. If the Conservatives are re-elected they may either bring in legislation that distorts the Court’s intent, or use the constitution’s “opting out” clause to override the Court’s ruling.

This month, the Wynne government in Ontario provided welcome leadership by establishing a nine-member panel to advise 11 provinces and territories. The panel is to “focus on the needs of patients and their families.” Advocates for physician assisted dying say this is “refreshing” and in sharp contrast to the federal approach.

Ontario Health Minister Eric Hoskins acknowledged that it’s a challenging task. But he said it’s important for people who are suffering intolerable pain to have the option of “dying as dignified as possible.”

Unlike the federal panel, this group is composed of members who have advocated on both sides of the issue. Co-chair Maureen Taylor is the wife of the late Dr. Donald Low, who made an impassioned video appeal for PAD in his final days of fighting brain cancer. The other co-chair is Dr. Jennifer Gibson, of the University of Toronto Joint Centre for Bioethics.

Those who oppose PAD represent a small but vocal minority. They maintain it’s a divisive and dangerous practice. But a comprehensive survey by Ipsos Reid in 2014 of Canadian attitudes paints a much different picture.

Nine in ten agree a person should not be forced to endure intolerable suffering. The severely disabled — in contrast to the Conservative position — are 85-per-cent in favour. Members of the regulated health professions are equally supportive.

Terminally ill patients in Quebec now have the right to physician assisted dying. In June a non-partisan bill passed on a free vote: 94 to 22. In addition to Quebec, 10 countries and five American states have some form of legalized euthanasia.

The Ipsos Reid survey of 2,500 Canadians found that 90 per cent of Liberals and 89 per cent of NDP voters supported assisted dying. Despite Harper’s position on this issue, 77 per cent of Conservative voters polled favoured it.

There are few complex, emotional issues in this country that can claim such a national consensus. Given these levels of support it is difficult to understand why the Harper government is so opposed to physician assisted dying, and the Liberals and NDP so silent.

Whoever forms the next government will have to deal with this issue, and promptly. Canadians deserve to know more about how each party plans to proceed with it after Oct. 19.

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